Representations of the Holders. (a) Each of the initial Holders hereby represents and warrants to, and covenants with each other Holder that, as of the date hereof:
Representations of the Holders. (a) Each of the Holders hereby represents and warrants to, and covenants with each other Holder that, as of the date hereof (or, in connection with a new Holder of a Note following a Transfer, as of the date of such Transfer):
Representations of the Holders. Each Holder severally (but not jointly) represents that, as of the date hereof: (i) it is the beneficial owner and/or investment advisor or manager of discretionary accounts for the holders or beneficial owners of the aggregate principal amount of the Notes listed opposite such Holder’s name on the disclosure schedule attached hereto as Schedule 1; and (ii) it has the power and authority to execute, deliver and perform this Amendment No. 6, either on its own behalf or on behalf of such holders or beneficial owners for which it acts as investment advisor or manager.
Representations of the Holders. (a) Subject to the provisions of Section 10(b) below, each Holder, as of the date hereof, hereby represents and warrants that:
Representations of the Holders. Each Holder, severally and not jointly, represents and warrants to, and agrees with, the Company that:
Representations of the Holders. (a) Each Initial Note Holder hereby represents and warrants to, and covenants with, the other Holder that, as of the date hereof:
Representations of the Holders. Each Holder hereby represents to the Company that (i) such Holder has the full legal right, power and authority to enter into and perform this Agreement, (ii) the execution and delivery of this Agreement by Phoenix has been duly authorized by Phoenix, and (iii) this Agreement constitutes, or shall constitute when executed and delivered at or prior to Closing, a valid and binding obligation of the Holders enforceable against the Holders in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or similar laws relating to, or affecting the enforcement of creditor's rights generally and by general equitable principles (regardless of whether enforcement is sought in equity or at law).
Representations of the Holders. Each Holder represents and warrants to the Company, as of the date hereof, as follows:
Representations of the Holders. Each Holder represents to the Company, severally and not jointly, as of the date hereof and as of the Closing Date that:
Representations of the Holders. Each of the Holders hereby represents and warrants as follows (each of which is a continuing representation and warranty, and shall, subject to the provisions herein relating to Transfer (as defined in Section 7, below) be true throughout the Forbearance Period):
